stanleycheiken

Most of my clients know that hearsay is inadmissible at trial. They also know that hearsay is a statement made by a third party. Well actually, sometimes hearsay is admissible, and sometimes what we think is hearsay, actually is not hearsay. So what is hearsay?...

This Thanksgiving, as usual, I am thankful to have terrific clients. That’s obvious. But upon deeper reflection, I am also thankful for a group that may surprise you. I am thankful for opposing counsel. You don’t get to choose your family. . . and the same is true of...

This week I had an appellate argument in the Pennsylvania Superior Court. It was only the Court’s second day of live arguments in Philadelphia since the pandemic began. The three judge panel was visibly happy to hear the arguments live after 18 months on Zoom. The...

Settlement agreements in business litigation matters often involve complicated terms and promises of future performance. Perhaps for this reason, there is a tremendous amount of litigation involving the subsequent enforcement of settlement agreements. When settling a...

So, you want to be a trial lawyer? This week I worked on a dozen complex litigation matters. Each client wants, and of course deserves, the highest level of attention and care. I drafted new lawsuits, responded to pending motions, served discovery, took depositions,...

More often than not, when I speak to a potential new client who is not experienced with business litigation, he or she tells me that they want to get the matter resolved quickly. This is actually code for quickly and inexpensively. There is nothing wrong with having a...

My business litigation clients hire me to win. Defining what is a win, then, is important. My definition of a win is obtaining the desired result - and doing it on budget. If I don't believe I can do that, I decline representation. This approach first requires my...

There can be a subtle difference between a broken promise that constitutes a breach of contract and one that constitutes fraudulent inducement. The former requires nothing more than a showing that the promised performance was not delivered. The latter, on the other...

Last week, I had an oral argument in court regarding whether my client may insist on taking depositions by live testimony. The opposition had insisted on Zoom depositions, citing COVID-19 concerns. The argument was held in Bucks County which has been conducting live...

At the conclusion of discovery of every lawsuit, two questions arise: 1. Should the case be settled? 2. Should we file a motion for summary judgment? The questions are interrelated. The possibility that one side may have a chance to win the case on summary judgment...